Definition of sexual assault to include all forms of penetration

  • Nation
  • Monday, 03 Apr 2017

KUALA LUMPUR: Any form of sexual assault involving the insertion of any object or any part of the body is now an offence under the proposed amendments to the Penal Code (Amendment) Act 2017.

The Bill was tabled by Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said (pic) for first reading Monday morning.

The Bill seeks to amend the existing Section 377CA of the current Act to extend the application to offences involving sexual connection by using any part of the body other than the penis.

The proposed amendment is in line with the decision of the Court of Appeal in the case of Shafiee Awang, where the court decided and interpreted that the finger is included in the definition of "object" under Section 377CA of the Penal Code Act (Act 574).

"With this proposed amendment, when there is a case for any offence involving sexual connection by object under Section 377CA of Act 574 involving any part of the body such as the finger or tongue, prosecution can be instituted under Section 377CA of Act 574," it read.

The Dewan Rakyat also tabled amendments to the Domestic Violence Act 1994 to enhance protection for the victims by making a provision for an emergency protection order in addition to the current interim protection and protection order provided in the Act.

The Bill also seeks to empower an authorised social welfare officer to issue an emergency protection order for the victims of domestic violence.

The Bill was tabled by the Women, Family and Community Development Minister Datuk Seri Rohani Karim.

An application for the emergency protection order may be made at any time whether or not an interim protection order or a protection order has been previously made or is still pending.

The emergency protection order will be valid for seven days.
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